Are you considering visiting Canada or planning to immigrate to the country? If so, it’s important to understand the requirements for admissibility. Immigration, Refugees and Citizenship Canada (IRCC) and the Canadian Border Services Agency (CBSA) ensure that every foreign national meets admissibility requirements before entering the country. Their priority is to secure Canada’s borders from those who may pose a risk. As a result, they have the authority to deny entry to anyone they believe is likely to commit a crime while in Canada.
Medical inadmissibility is another factor to consider. A person may be deemed medically inadmissible if they are likely to be a danger to public health or safety, or if they have a condition that might put excessive demand on health and social services.
If you are a family member of an immigration candidate, you must also undergo examination for admissibility. This includes a medical examination and determination if you are inadmissible for criminal or security reasons. Failure to disclose a family member’s inadmissibility on your application may constitute misrepresentation.
What if your family member is inadmissible to Canada? There are options to overcome inadmissibility, such as applying for a Temporary Resident Permit (TRP), a Criminal Rehabilitation application, or submitting a Legal Opinion letter.
A TRP grants temporary access to Canada for a limited period of time, based on valid reasons for entry and weighing the benefits of the entry against risks to Canadian society.
A Criminal Rehabilitation application permanently clears past criminal history for entering Canada. To be eligible, you must have committed an equivalent act to the Canadian Criminal Code, been convicted of the act, and completed the sentence five years ago.
Legal Opinion letters can also be submitted to pre-emptively avoid inadmissibility to Canada. These letters, drafted by a Canadian immigration lawyer, explain the consequences of a guilty verdict and how it would impact Canadian immigration.
In summary, if you are considering visiting or immigrating to Canada, it is important to understand the admissibility requirements set by IRCC and CBSA. If you have family members who are inadmissible, there are options to overcome this barrier. Whether applying for a TRP or submitting a Legal Opinion letter, it is important to adhere to the requirements and ensure full disclosure on your application. For further consultation, you can schedule a free legal consultation with the Cohen Immigration Law Firm.
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